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    Schwarzenegger Vetoes Gender Neutral Marriage Bill; We Post Veto Message

    (September 29, 2005) -- Gov. Arnold Schwarzenegger today vetoed AB 849, the gender neutral marriage bill passed by the state legislature. posts the Governor's veto message verbatim below:

    To the Members of the California State Assembly:

    I am returning Assembly Bill 849 without my signature because I do not believe the Legislature can reverse an initiative approved by the people of California.

    I am proud California is a leader in recognizing and respecting domestic partnerships and the equal rights of domestic partners. I believe that lesbian and gay couples are entitled to full protection under the law and should not be discriminated against based upon their relationships. I support current domestic partnership rights and will continue to vigorously defend and enforce these rights and as such will not support any rollback.

    California Family Code Section 308.5 was enacted by an initiative statute passed by the voters as Proposition 22 in 2000. Article II, section 10 of the California Constitution prohibits the Legislature from amending this initiative statute without a vote of the people. This bill does not provide for such a vote.

    The ultimate issue regarding the constitutionality of section 308.5 and its prohibition against same-sex marriage is currently before the Court of Appeal in San Francisco and will likely be decided by the Supreme Court.

    This bill simply adds confusion to a constitutional issue. If the ban of same-sex marriage is unconstitutional, this bill is not necessary. If the ban is constitutional, this bill is ineffective.

    Arnold Schwarzenegger

    The Assembly vote on the bill was 41-35 (41 votes needed for passage). This was the roll call:

    MEASURE: AB 849
    AUTHOR:	Leno
    TOPIC:	Gender-neutral marriage.
    DATE:	09/06/2005
    MOTION:	AB 849 Leno
    Concurrence in Senate Amendments
    (AYES  41. NOES  35.)  (PASS)
    Bass	Berg	Bermudez	Calderon
    Canciamilla	Chan	Chavez	Chu
    Cohn	Coto	De La Torre	Dymally
    Evans	Frommer	Goldberg	Hancock
    Jones	Karnette	Klehs	Koretz
    Laird	Leno	Levine	Lieber
    Liu	Montanez	Mullin	Nation
    Nava	Negrete McLeod	Oropeza	Pavley
    Ridley-Thomas	Ruskin	Saldana	Salinas
    Torrico	Umberg	Wolk	Yee
    Aghazarian	Arambula Benoit	Blakeslee
    Bogh	Cogdill	Daucher	DeVore
    Emmerson	Harman	Haynes	Shirley Horton
    Houston	Huff	Keene	La Malfa
    La Suer	Leslie	Matthews Maze
    McCarthy	Mountjoy Nakanishi Niello
    Parra	Plescia	Richman	Sharon Runner
    Spitzer	Strickland	Tran	Vargas
    Villines	Walters	Wyland
    Baca	Garcia	Jerome Horton	Vacancy

    The Senate vote on the bill was 21-15 (21 needed for passage). This was the roll call:

    MEASURE:	AB 849
    AUTHOR:	Leno
    TOPIC:	Gender-neutral marriage.
    DATE:	09/01/2005
    MOTION:	Assembly 3rd Reading AB849 Leno By Kuehl
    (AYES  21. NOES  15.)  (PASS)
    Alarcon	Alquist	Bowen	Cedillo
    Chesbro	Dunn	Escutia	Figueroa
    Kehoe	Kuehl	Lowenthal	Migden
    Murray	Ortiz	Perata	Romero
    Simitian	Soto	Speier	Torlakson
    Aanestad	Ackerman	Ashburn	Battin
    Campbell	Cox	Denham	Dutton
    Florez	Hollingsworth	Maldonado	Margett
    McClintock	Poochigian	Runner
    Ducheny	Machado	Morrow	Scott

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